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Article 5 of the EU AI Act bans the worst AI practices outright. The original eight categories apply since 2 February 2025; the Digital Omnibus added new prohibitions on AI-generated CSAM and non-consensual intimate imagery applying from 2 December 2026. Fines up to EUR 35 million or 7% of global annual turnover.
Article 5 was the first part of the EU AI Act to bite, applying since 2 February 2025, and the Digital Omnibus added new prohibitions that apply from 2 December 2026. It prohibits social scoring, real-time biometric ID in public spaces (with narrow exceptions), emotion recognition in workplaces and schools, biometric categorisation, untargeted scraping for face databases, predictive policing based on profiling, and subliminal/manipulative AI. HR teams sit at the highest exposure, Article 5(1)(f) workplace emotion recognition and Article 5(1)(c) worker social scoring are common in modern HR stacks. The Tier 1 fine schedule under Article 99(3) is the heaviest in the Act.
Find out if your AI tools are high-risk under the EU AI Act. Annex III categories explained with real examples: ChatGPT, Copilot, Salesforce, and more.
Read articleRecruitment AI, CV screening, performance scoring, promotion and termination AI, gig allocation, and worker monitoring all sit in Annex III(4) high-risk territory under the EU AI Act. This guide covers what HR teams need to do under Article 26, when an Article 27 FRIA is required, and how to scope a 90-day HR AI compliance ramp.
Read articleEU AI Act penalty tiers explained. Article 99 fines up to EUR 35 million or 7% of turnover, enforcement mechanisms, civil liability, and how to avoid penalties. Series finale.
Read articleA practical 10-step compliance checklist for the EU AI Act. From AI inventory to ongoing monitoring: everything your business needs before the 2 December 2027 high-risk deadline.
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5-minute scored assessment across People, Tools, Compliance, and Infrastructure. See where you sit on this topic in operational terms.
